Cass man's sentencing for pollution delayed

49-year-old accused of violating Environmental Protection Act.

49-year-old accused of violating Environmental Protection Act.

April 14, 2007|CAROL DRAEGER Tribune Staff Writer

CASSOPOLIS -- A Cassopolis man's sentencing hearing for violating federal and state clean air laws was adjourned Friday so prosecutors can request that a co-defendant also share in the cleanup costs. Jerry Austin, 49, pleaded guilty in Cass County court on March 28 to a misdemeanor charge of violating the Environmental Protection Act. Austin is accused of "burying or burning solid waste, including engine parts, fiberglass boats, appliances, or scrap tires," according to a court record. It was not specified what precisely Austin is accused of burying and burning. The incident occurred in May of 2005. A second count of causing air-pollution by the open burning of waste materials, was dropped in the plea agreement. If convicted on the second air-pollution count, Austin could've been fined $10,000 a day for each violation. Thomas Piotrowski, Michigan assistant attorney general in Detroit, asked Judge Paul Deats if Austin's sentencing could be adjourned until he determines if another man assisted Austin. "It might make judicial sense to adjourn the sentencing so the restoration and remediation of the site" is jointly ordered, Piotrowski said. Deats agreed and postponed the sentencing date. No new date was set. Staff writer Carol Draeger: cdraeger@sbtinfo.com (269) 687-7005